Parliamentary Workplace Support Service Act 2023

A Commissioner (including the Chair Commissioner) is to be appointed by the Governor‑General, by written instrument, on the recommendation of the Minister.

A person must not be appointed as a Commissioner unless the Minister is satisfied that:

the selection of the person for the appointment is the result of a process that:

was merit‑based; and

included public advertising of the position; and

one or more of the following apply:

the person is enrolled as a legal practitioner and has been so enrolled for a period of 5 years;

the person is a former Commonwealth judicial officer;

the person is a former judge of the Supreme Court of a State or Territory;

the person has skills, knowledge or experience in investigating workplace misconduct.

Before the Minister makes a recommendation to the Governor‑General:

the Minister must have referred the proposed recommendation to the Parliamentary Joint Committee under section 59H; and

one of the following must have occurred:

the Parliamentary Joint Committee is taken to have approved the proposed recommendation under subsection 59H(4);

the Parliamentary Joint Committee has notified the Minister that it has decided to approve the proposed recommendation.

A person must not be appointed as a Commissioner (including as the Chair Commissioner) if the person has previously been appointed as the Chair Commissioner.

A Commissioner (including the Chair Commissioner) holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

A Commissioner (other than the Chair Commissioner) may be reappointed (other than as the Chair Commissioner) on one occasion after the Commissioner’s first appointment.

A Commissioner (other than the Chair Commissioner) may be reappointed as the Chair Commissioner.

A Commissioner (including the Chair Commissioner) holds office on a part‑time basis.